Legal Question in International Law in New York

Asset Protection If Married Overseas

I am a US citizen having a legal marriage ceremony performed in South Africa. If my assets remain in the US and my husband (a South African citizen) goes insolvent in South Africa, according to South African law if we are married without an anti-nuptial contract creditors have the ability to sieze my assets: however, if my assets remain in the US, can South African debt collectors sieze my assets here in the States?


Asked on 4/27/07, 10:45 am

1 Answer from Attorneys
Johm Smith tom's

Re: Asset Protection If Married Overseas

They can always try. You would be foolish to marry without a good pre-nuptial agreement. A loving partner should want to protect you for the future. I also married abroad but I married in the US first; that also gives you a basis for arguing that US law should prevail if you don't like the other law structure. If you present this idea carefully, you shouldn't have much trouble doing it. Doesn't someone here want to attend your wedding and can't afford the trip to SA.

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Answered on 4/27/07, 11:48 am


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